A/HRC/19/6 15. Women’s right to equality and non-discrimination is protected by the Constitution. An audit of existing laws for compliance with the Constitution and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) had been completed. As a result of the audit, a cluster of family laws had been drafted and were waiting to be tabled in Parliament. Also, in 2010 the Government had adopted a national gender policy; the primary objective of the policy was to ensure equitable access by all persons to education, training, health services and control over resources such as land and credit for improved quality of life. Furthermore, the country had made significant strides in increasing the number of women in public sector employment. 16. Swaziland responded to advance questions asked by Member States. With regard to political rights, political parties were not banned. The Constitution protected the right to freedom of association, which includes the right to form and belong to political parties. However, by virtue of the Constitution, elections to public office were by individual merit and therefore political parties could not field candidates in national elections. The King’s Proclamation to the Nation of 12 April 1973 had been superseded by the Constitution of 2005. 17. With regard to privately owned media houses, there were no restrictions on private ownership of print media. All newspaper titles and magazines were privately owned. A communications bill aimed at liberalizing the electronic media space had been tabled before Parliament and was expected to be passed by the end of November 2011. 18. With regard to the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), Swaziland was considering becoming party to that Optional Protocol and to all outstanding international human rights instruments. On extrajudicial killings and torture, all killings were investigated by the law enforcement officers and normal criminal investigation. Where there was sufficient evidence, criminal proceedings were instituted. In cases of deaths in custody, inquests were held. 19. With regard to the right to life, the delegation stated that it was protected by the Constitution. Swaziland was not a State party to the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, and retained the death penalty. Capital punishment was not mandatory and it may be imposed only on adults convicted of murder without extenuating circumstances. The ultimate punishment may be carried out only pursuant to a final judgment pronounced by the Supreme Court. The death penalty had last been carried out in 1983. In effect, Swaziland, though a retentionist State in law, was abolitionist in practice. 20. With regard to the Commission on Human Rights and Public Administration, the Government had drafted a bill that would fully operationalize the Commission and ensure that it operated in accordance with the principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles). The bill was before Cabinet and would be tabled before Parliament in 2012. 21. On existing gaps and challenges – some highlighted in the advance questions submitted by Member States – Swaziland wished to ask the international community and other cooperating partners for support in the alignment of national laws with the Constitution and its international human rights obligations. The Government of Swaziland was alive to the challenges that confronted the judiciary. It sought to meet those challenges and was working tirelessly to engage the stakeholders in trying to find a lasting solution to the impasse. While the Government was aware of the fact that the judicial challenges adversely affected the promotion and protection of human rights, it was approaching the issue with a full appreciation of the doctrine of the separation of powers. 5

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